(1) PROCEDURES. General permits shall be
processed according to the procedures in ch. NR 300.
(2) APPLICABLE ACTIVITIES. Projects that meet
all the criteria in sub. (3) and either sub. (4), (5) or (6) are eligible for
general permit coverage under ss.
30.12(3) (d) and 30.206, Stats.
(3) GENERAL STANDARDS.
(a) If the department determines that a
proposal submitted under this section has the potential to impact an endangered
or threatened species in accordance with s.
29.604, Stats., the application
shall be deemed incomplete. The department may not consider the application
complete or issue a general permit until the applicant submits documentation to
demonstrate one of the following:
1. The
project avoids impacts to the endangered or threatened species in accordance
with s. 29.604, Stats.
2. The project has received an incidental
take authorization under s.
29.604,
Stats.
(b) If the
applicant modifies the project plans to meet the requirements of par. (a), the
modified plans shall be submitted before the department may consider the
application complete or issue a general permit.
(c) The bank erosion control structure may
not be placed in a wetland.
Note: Eligibility for a general permit does
not automatically result in a federal permit or state water quality
certification for fill in wetlands. Some projects involving minimal wetland
fill may be eligible for authorization under a U. S. Army Corps of Engineers
general permit with has already been granted state water quality certification
or a general permit under s.
281.36(3g) (b),
Stats. (under development). All other projects affecting wetlands will require
individual water quality certification including public notice as required by
s. 401, Federal Clean Water Act, and s.
281.36(3b) (b),
Stats., and carried out under chs. NR 103 and 299. For further instructions,
see the department's website at http://dnr.wi.gov under the topic "Waterway and
Wetland Permits."
(d) Bank
erosion control structures may be placed only by a riparian.
(e) To minimize adverse impacts on fish
movement, fish spawning, egg incubation periods and high stream flows,
placement may not occur during any of the following time periods:
1. For trout streams identified under s. NR 1.02 (7) and perennial tributaries to those trout streams, September 15 through
May 15.
2. For all waters not
identified in subd. 1. and located south of state highway 29, March 15 through
May 15.
3. For all waters not
identified in subd. 1. and located north of state highway 29, April 1 through
June 1.
4. The applicant may
request that the requirement in subd. 1., 2. or 3. be waived by the department
on a case-by-case basis, by submitting a written statement signed by the local
department fisheries biologist, documenting consultation about the proposed
shore erosion control project, and that the local department fisheries
biologist has determined that the requirements of this paragraph are not
necessary to protect fish spawning for the proposed
project.
(f) Any grading,
excavation and land disturbance shall be confined to the minimum necessary for
the construction and may not exceed 10,000 square feet.
Note: A permit is required under s.
30.19, Stats., and ch. NR 341 if
land disturbance or excavation exceeds 10,000 square feet on the bank of the
navigable waterway. Bank shaping activities necessary to protect stream and
river shorelines from erosion on lands used entirely for agriculture are exempt
from this subchapter.
(g)
Erosion control measures shall meet or exceed the technical standards for
erosion control approved by the department under subch. V of ch. NR 151. Any
area where topsoil is exposed during construction shall be immediately sodded,
seeded and mulched, covered with erosion mat or riprapped to stabilize
disturbed areas and prevent soils from being eroded and washed into the
waterway.
Note: These standards can be found at the
following website:
http://dnr.wi.gov/topic/stormwater/standards/.
(h) Unless part of a permanent stormwater
management system, all temporary erosion and sediment control practices shall
be removed upon final site stabilization. Areas disturbed during construction
or installation shall be restored.
(i) Vegetation, such as seeding, plant plugs,
and dormant plantings shall be plant species native to the area of Wisconsin
where the project is located. Non-invasive cool season species such as Virginia
wild rye, Timothy, alfalfa, alsike clover, orchard grass, Smooth brome grass
and red top, may be incorporated into native seed mixes for the purpose of
rapid stabilization of critical sites adjacent to agricultural
fields.
(j) All equipment used for
the project shall be designed and properly sized to minimize the amount of
sediment that can escape into the water.
(k) The stabilization method shall follow the
natural contour of the shoreline. No waterward extension of the property is
permitted other than what is reasonably necessary to conduct the project and
protect the existing bank. Except as provided in sub. (4) (d), no soil or
similar fill material may be placed in a wetland or below the ordinary high
water mark of any navigable waterway.
(l) Erosion control structures shall begin
and end at a stabilized or controlled point.
(m) Except as required for appropriate toe
installation of the erosion control structure, dredging is not permitted under
this section.
(n) The erosion
control structure design and placement may not result in a net decrease in the
density or size-structure of tree-falls or logs in the water or on the bed and
banks of the stream.
(o) Except for
the Driftless Area and Prairie Pothole Region, all trees greater than 46 DBH
(diameter breast high) removed as part of the erosion control project within 35
feet of the ordinary high water mark shall be incorporated into the waterward
portion of the erosion control design.
Note: Driftless Area and Prairie Pothole
Region can be found in s. NR 328.38, Figure 1.
(p) To stop the spread of invasive species
and viruses from one navigable waterway to another navigable waterway, all
equipment or portions of equipment used for constructing, operating, or
maintaining the project, including tracked vehicles, barges, boats, silt or
turbidity curtains, hoses, sheet piles, and pumps, shall be decontaminated for
invasive species and viruses before and after use or prior to use within
another navigable waterway. Decontamination activities shall be performed by
taking all actions specified in either subd. 1. to 3. or 8. Decontamination
shall include either subd. 4., 5., 6., 7., or 8. for any equipment, or portions
of equipment, that is used in non-frozen navigable waters when the air
temperature is above 19 degrees Fahrenheit at the time the decontamination
procedures take place.
1. Inspect all
equipment used for constructing, operating, or maintaining the project and
remove all plants and animals, and other mud, debris, and similar
materials.
2. Drain all water from
equipment used in navigable waters.
Note: This does not apply to water in closed
engine cooling systems or water tanks, or containers of potable drinking water
or other beverages meant for human consumption. If a tanker truck discharges
water collected from navigable waters in upland areas, the tank does not
require disinfection.
3.
Dispose of plants and animals in the trash. An operator may not transfer plants
or animals or water from one navigable waterway to another.
4. Wash equipment at a temperature of not
less than 212 degrees Fahrenheit water (steam clean).
5. Wash equipment with soap and water or high
pressure water of not less than 2000 pounds per square inch.
6. Allow equipment to dry thoroughly for not
less than 5 days.
Note: Additional drying techniques including
drying through natural or mechanical means or changes in drying duration may be
submitted to the department for review and approval.
7. Disinfect equipment with 200 parts per
million (0.5 ounces per gallon) chlorine for not less than 10 minute contact
time. Every effort should be made to keep the disinfection solution and rinse
water out of surface waters.
Note: Chlorine refers to either household
bleach solution (5.25% chlorine) or granular chlorine (70% calcium
hypochlorite).
8. Follow the
most recent department approved disinfection protocols or department approved
best management practices for infested waters. The department shall maintain on
its website and make available at its offices a list of the most recent
disinfection protocols or department approved best management practices for
invasive species and viruses.
Note: See the department's website at:
http://dnr.wi.gov under the topic "Waterway and Wetlands." Recommendations for
additional disinfection or decontamination protocols or department approved
best management practices may be submitted to the department for review and
approval to be added to this list.
(4) BIOSTABILIZATION. Biostabilization on the
bed or bank of a navigable river or stream may be authorized under this general
permit if it meets the requirements of sub. (3) and all of the following
requirements:
(a) The project site is not
located on a federal or state, under ss.
30.26 and
30.27, Stats., designated wild
or scenic river.
(b) The project
site is located in the Driftless Area and Prairie Pothole Region, or
Southeastern Wisconsin Till Plains and Chiwaukee Prairie Region, or is located
in an urban watershed as identified in s. NR 328.38, or is within village or
city limits.
Note: Driftless Area and Prairie Pothole
Region, and Southeastern Wisconsin Till Plains and Chiwaukee Prairie Region can
be found in s. NR 328.38, Figure 1.
Note: Village or city boundaries are
identified according to Tiger 2000 Census.
(c) Structural treatment practices shall be
sloped to 1.5 horizontal to one foot vertical or flatter. Bank treatments
without structural toe protection and only revegetation shall be sloped to 2
foot horizontal to one foot vertical or flatter. Structural treatments may not
include inert materials and are limited to biological materials.
(d) The placement of soil below the ordinary
high water mark is allowed only for the establishment of biological
materials.
(e) Except as provided
in sub. (3) (i), revegetation shall follow Wisconsin NRCS Field Office
Technical Guide (FOTG), Section IV, Practice Standard 643A Shoreland Habitat,
found at
http://dnr.wi.gov/topic/ShorelandZoning/documents/NRCSshorehabstandard.pdf.
(5) INTEGRATED BANK TREATMENT. Integrated
bank treatment on the bed or bank of a navigable river or stream may be
authorized under this general permit if it meets the requirements of sub. (3)
and all of the following requirements and limitations:
(a) The project site is located in the
Driftless Area and Prairie Pothole Region, or Southeastern Wisconsin Till
Plains and Chiwaukee Prairie Region, or is located in an urban watershed as
identified in s. NR 328.38, or is within village or city limits.
Note: Driftless Area and Prairie Pothole
Region, and Southeastern Wisconsin Till Plains and Chiwaukee Prairie Region can
be found in s. NR 328.38, Figure 1.
Note: Village or city boundaries are
identified according to Tiger 2000 Census.
(b) For projects located within village or
city boundaries in urban watersheds identified in s. NR 328.38 (1); The project
site must equal or exceed a Bank Erosion Potential Index (BEPI) of 20 as
determined by the method in s. NR 328.38 (2), or the bank edge recession must
equal or exceed 0.5 feet per year as described by the method in s. NR 328.38 (3). For all other project locations; the project site must equal or exceed a
Bank Erosion Potential Index (BEPI) of 20 as determined by the method in s. NR 328.38 (2).
Note: NR 328.38 (3) requires that the time
between separate measurements shall equal or exceed 3 months during the
open-water season.
Note: The applicant will satisfy the "equal to
or greater than 0.5 feet per year" requirement by demonstrating that the bank
edge recession is equal to or greater than 1.5 inches per 3 months during the
open-water season.
(c) The
total project length may not exceed 500 linear feet of stream bank per 1/4
mile of stream reach.
(d) The
project site is not located on federal or state (under ss.
30.26 and
30.27, Stats.), designated wild
or scenic river.
(e) Stone
associated with toe protection shall be clean field stone or quarry stone
appropriately sized according to the USDA, NRCS Wisconsin Supplement to the
Engineering Field Handbook Chapter 16 - Streambank and Shoreline Protection.
Note: These standards can be found at the
following website:
http://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=17553.wba.
(f) Toe protection materials may not be
placed above the ordinary high water mark elevation plus one vertical foot in
the Wisconsin Till Plains and Chiwaukee Prairie Region. Toe protection
materials may not be placed above the ordinary high water mark elevation plus 2
vertical feet in the Driftless Area and Prairie Pothole Region, or is located
in an urban watershed as identified in s. NR 328.38.
(g) Structural stabilization practices shall
be sloped to 1.5 horizontal to one foot vertical or flatter. Banks treated only
with vegetation shall be sloped to 2 feet horizontal to one foot vertical or
flatter.
(h) Associated stream
habitat structures shall practice standards found in NRCS Field Office
Technical Guide (FOTG), Standard 395, Stream Habitat Improvement and
Management.
(i) All stone above the
ordinary high water mark shall be top dressed with a minimum of 6 inches of top
soil.
(j) Except as provided in
sub. (3) (i), revegetation shall follow Wisconsin NRCS Field Office Technical
Guide (FOTG), Section IV, Practice Standard 643A Shoreland Habitat, found at
http://dnr.wi.gov/topic/shorelandzoning/documents/nrcsshorehabstandard.pdf and
http://dnr.wi.gov/topic/ShorelandZoning/documents/NRCSBioTechNote.pdf.
(6) REPLACEMENT OF SEAWALL OR RIPRAP BANK
EROSION CONTROL STRUCTURE WITH INTEGRATED BANK TREATMENT. Replacement of riprap
or a seawall placed prior to August 1, 2007, with integrated bank treatment on
the bed or bank of a river or stream may be authorized under a general permit
if it meets all of the requirements of subs. (3) and (5) (d) to (j), and with
additional limitations as follows:
(a) The
applicant can document using historical information and photographs that the
seawall or riprap structure was placed prior to August 1, 2007.
(b) The integrated bank treatment may not
exceed the lesser of the length of the existing structure or 300 linear feet of
streambank.
(7)
REPLACEMENT OF SEAWALL OR RIPRAP BANK EROSION CONTROL STRUCTURE WITH
BIOSTABILIZATION. Replacement of riprap or a seawall placed prior to August 1,
2007, with biostabilization on the bed or bank of a river or stream may be
authorized under a general permit if it meets all of the requirements of subs.
(3) and (4) (c) to (e), and with additional limitations as follows:
(a) The applicant shall provide historic
photographs demonstrating that the seawall or riprap structure was placed prior
to August 1, 2007.
(b) The
biostabilization treatment may not exceed the lesser of the length of the
existing structure or 300 linear feet of streambank
(8) REPAIR OF RIPRAP BANK EROSION CONTROL
STRUCTURE. Repair of riprap placed prior to August 1, 2007, may be authorized
under a general permit if it meets all of the requirements of subs. (3) (a) to
(k) and (5) (e) to (f), and with additional limitations as follows:
(a) The repair site is located within village
or city boundaries.
(b)
Redistribution or placement of stone is limited to the horizontal footprint of
the existing structure and may not exceed the elevations identified in sub. (5)
(f),
(c) Stabilization work at
elevations above those identified in sub. (5) (f) shall be limited to
biostabilization practices and revegetation.
(d) The repair may not exceed the lesser of
the length of the existing structure or 300 linear feet of
streambank.
(9)
INDIVIDUAL PERMIT REQUIRED.
(a) Activities
which do not meet the applicable standards in sub. (3), (4), (5), or (6) are
otherwise ineligible for a general permit and shall require an individual
permit.
(b) The department has
authority under s. 30.206(3r),
Stats., to require an individual permit in lieu of a general
permit.
